Is Delta the World’s most trusted airline?

At least a few people seem to think so based on a filing made earlier this month to the US Patent & Trademark Office. The company attempted to register the phrase as a service mark, essentially trying to claim exclusive use of the phrase.

Intent to Use: The applicant has a bona fide intention to use or use through the applicant’s related company or licensee the mark in commerce on or in connection with the identified goods and/or services.

According to the attached definition from the Collins American English Dictionary, “world” is defined as “the planet earth.” See the attached definition 1(a). “Most” is defined as “greatest in amount, quantity, or degree.” See the attached definition 2. “Trust” is defined as “to rely or depend on.” See the attached definition 13(b). “Airline” is defined as “a system or company for moving freight and passengers by aircraft.” See the attached definition 2. When used in connection with the identified services, “the world’s most trusted airline” is a laudatory phrase that states that applicant is the most relied or depended upon company for moving passengers by aircraft on the planet earth. The phrase is merely laudatory and descriptive of the alleged merit of applicant’s services.

Because the applied-for mark is a merely laudatory and descriptive of the alleged merit of applicant’s services, registration is refused under Section 2(e)(1) of the Trademark Act.

The ruling even made reference to puffery as potentially dooming the application, “In fact, ‘puffing, if anything, is more likely to render a mark merely descriptive, not less so.'”

Oopsie.

I’m reminded of the lawsuit a few years ago between Papa John’s and Pizza Hut over the former’s slogan in which they eventually admitted it is puffery. In other words, they say it even though they have no formal basis for the assertion. Domino’s turned that in to a commercial.

Interestingly, Papa John’s ultimately prevailed in the lawsuit and continues to use the phrase.

In trademark law puffery is so much something they say “even though they have no formal basis for the assertion.” The courts define it more as an exaggerated advertising, blustering, and boasting upon which no reasonable buyer would rely.

In other words, puffery is a statement where they have no formal basis for the assertion AND something no reasonable consumer would rely on.